Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3 , 4

  Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ---Arts. 3 & 4---Appreciation of evidence---Recovery proceedings had been proved by eye-witnesses---Accused had not shown any personal enmity with any police officer to prove his false involvement in the case---Plea of accused about his malicious prosecution as he (lid not oblige police by paying illegitimate demand seemed to be an effort of a drowning man catching at a straw-- Prosecution, thus had proved its case against accused whose conviction was maintained. Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ---Arts. 3 & 4---Sentence---Accused being of young age, sentence of imprisonment for life awarded to him was reduced to imprisonment for fifteen years---Sentence of whipping and fine was, however, maintained.---[Age-- Sentence]. Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ---Arts. 3 & 4---Tazkiatul Shahood---Witness once found to be unworthy or untruthful stands condemned for ever under Tazkiatul Shahood.---[Witness]. Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ----Arts. 3 & 4--Punishment upto life imprisonment in crimes demands a high degree of efficiency, competency and honesty from prosecuting agency in performance of their duty.--[Sentence]. A. Q. Halepota for Appellant. K.M. Nadeem, Asstt. A. G. for the State. Date of hearing: 26th December, 1989. JUDGMENT IBADAT YAR KHAN, J.---Fazal Qadeem the appellant in this case has been convicted by Mr. Zaheer Ahmed Khan, Sessions Judge; Sukkur, vide judgment dated 31-8-1989 on the charge that on 9-2-1989 12 kilograms of heroin was recovered from the false chambers in the petrol tank of his car while he was coming from Punjab and going to Karachi. He has been sentenced by the learned Judge to suffer imprisonment for life, whipping numbering thirty stripes and to pay fine of Rs. 10,000 or in default thereof to further suffer R.I. for six months. The appellant has filed this appeal against his conviction.   According to the F.I.R. lodged in Police Station Mirpur Methalo, District Sukkur Ghulam Rasool, Excise Inspector, Ubauro Circle had received spy information that some narcotic was about to arrive from…